Delaying your decision regarding divorce proceeding?
Hoping that matters can be resolved amicably?
Just make sure that allowing matters to drift doesn’t lead to dire financial consequences by seeking legal advice before the decision is taken out of your hands.
The decision to leave a spouse or Partner is likely to be one of the most difficult and stressful decisions that anyone will ever make. Statistics show that couples continue within unhappy relationships for months or years before making the decision to separate, often for very good reasons associated with the needs of the family and financial matters.
Indeed, marriage is a solemn relationship and as such those going through a ‘difficult period’ will and ought to do all that they can to make sure that they have given the marriage every chance to succeed. Often this might involve a ‘stock-take’ whether by spending more time together (maybe on holiday), airing their problems (with or without the help of professionals) or simply just sitting down to talk, and the healing process in marriages which survive a rocky period might take months or years before couples are through the difficult times.
However, if the realisation has struck that the marriage is over, there are important legal reasons why the status quo ought to be questioned;
- In a situation where the husband or wife has left the former matrimonial home, and no action has been taken to separate the ‘joint tenancy’, it is important to consider what would happen to the property in the event of the death of either party; the property will pass to the estranged spouse, whatever provisions are made in a Will as the property would not pass through the Estate. It is necessary to actually ‘sever’ the joint tenancy in order to make sure that the property can be dealt with in the event of death as the separated party would wish.
- The distance between estranged spouses/partners will grow – in these circumstances each party will naturally discuss their issues with a wider circle of friends and family which often leads to a variance of ‘opinions’ on how assets should be shared. Although such input is offered with the best intentions, it is important to seek proper legal advice on the split of matrimonial assets and in some occasions even in relation to the arrangements for residence and contact for the children of the relationship. This is particularly the case where children are of a young age and in such circumstances where their own views cannot be the deciding factor in such arrangements.
- Furthermore, as time passes it is quite possible that one or other or both parties will find new partners, who might have their own arrangements following breakdown of relationships and perhaps their own issues regarding children. The impact of a new partner can cause shock waves and impact upon the decision making process regarding any settlement of matrimonial assets. As the new relationship develops there is a continuing problem in the event of death as highlighted above. It is our strong belief at Ellis Hass Solicitors that if a decision has been taken to end a relationship it is vitally important for parties to seek legal advice at an early stage to consider the various relevant issues so that the closing of one chapter in life can lead to the best opening of the next chapter with the best possible outcomes that can be achieved.
Feel free to contact us for a free appointment to discuss how we can help.